Opinion
No. 04-19-00479-CV
07-17-2019
EX PARTE R.A.L., JR., Appellant
From the 144th Judicial District Court, Bexar County, Texas
Trial Court No. 2019W0563
Honorable Ray Olivarri, Judge Presiding
ORDER
The trial court signed a final appealable order on April 16, 2019. Although appellant filed a motion for new trial on May 17, 2019, the motion for new trial was untimely filed because it was due to be filed on May 16, 2019. See TEX. R. CIV. P. 329b(a). Accordingly, appellant's notice of appeal was due to be filed on May 16, 2019. See TEX. R. APP. P. 26.1. A motion for extension of time to file the notice of appeal was due to be filed on May 31, 2019. See TEX. R. APP. P. 26.3.
Appellant filed his notice of appeal on July 15, 2019. "[O]nce the period for granting a motion for extension of time under Rule [26.3] has passed, a party can no longer invoke the appellate court's jurisdiction. See Verburgt v. Dorner, 959 S.W.2d 615, 617 (Tex. 1997) (construing the predecessor to Rule 26). Because the notice of appeal was untimely filed, appellant is ORDERED to show cause in writing within two weeks from the date this order is signed why this appeal should not be dismissed for lack of jurisdiction. See id. All other appellate deadlines are suspended pending our resolution of the jurisdictional issue.
/s/_________
Beth Watkins, Justice
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 17th day of July, 2019.
/s/_________
Keith E. Hottle,
Clerk of Court